Find Out Why Lead Paint Is Back In The Housing Spotlight

Friday, September 28, 2018

How new campaign could increase scrutiny your property

If your public housing agency (PHA) isn’t following the lead-based paint regulations, you could face hundreds of thousands of dollars in civil penalties. Lead noncompliance is no joke --- and the U.S. Department of Housing and Urban Development (HUD) is cracking down on housing providers who ignore the rules.

Don’t Risk Huge Penalties

On Sept. 5, HUD announced a settlement agreement with the former owners of a federally-assisted Newark, NJ apartment development for failing to comply with the Lead Disclosure Rule and Lead-Safe Housing Rule (see www.hud.gov/sites/dfiles/Main/documents/First_King_Properties_CMP_Settlement_Agreement_08-21-18.pdf).

The basics: The Lead Disclosure Rule requires most landlords and sellers of homes built before 1978 to inform tenants and purchasers of any known lead-based paint or associated hazards in the home. The Lead-Safe Housing Rule requires housing providers with pre-1978 housing that is federally owned or assisted to ensure their units are lead safe.

The owners misrepresented their knowledge of lead-based paint and associated hazards within the project to the tenants and failed to conduct required risk-assessment re-evaluations and annual visual assessments, HUD alleged. These charges led to a settlement agreement requiring the owners to pay a whopping $800,000 in civil penalties.

Expect Enforcement Actions to Ramp Up

Trend: This latest massive settlement comes on the heels of warnings that HUD issued to eight assisted properties in California for violating lead safety rules and regulations (see

 

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